crime

On April 19, 1862 a local paper reported “Grave Robbed in Batavia -- Great Excitement.” The story begins on Feb. 20^th of that year when 20-year-old Mary Buchanan was buried in the village cemetery, having died from what is believed to been consumption (tuberculosis, or "TB").

Young Mary’s mother is reported to have had dreamt on three occasions that her daughter had been exhumed from her eternal rest. To calm her anxiety, she visited her daughter's grave to discover that her dreams were true; the grave was empty.

“The body had been taken, and from the state of the clothes in the coffin it was evident that they had been torn off of the body by sacrilegious hands.”

Sheriff's deputies arrived and evidence was soon discovered pointing, as many believed, to a medical student named Forrest Page; parts of the remains of Mary Buchanan were discovered at a location where he resided.

Page was arrested by Deputy Hull and held on substantial bail.

It was in all actuality John Harding Page from the Town of Elba who was held to account.

The charge as taken from the court records of June 23, 1862 said: [paraphrased]

“John H. Page of the Town of Elba on the Twenty Fifth day of February in the year of our Lord one thousand eight hundred and sixty two…with force and arms did enter the public burying ground…did enter the grave there of Mary Buchanan and with force and arms unlawfully, willfully and indecently did dig, open and carry the body of Mary Buchanan from the grave for the purpose of dissection.”

He was indicted and admitted to being a medical student studying under a Dr. Root, of Batavia, and later coroner.

His trial was held in Genesee County beginning in the summer of 1862.

Page’s counsel, William Bryan, said that if his client was ever in the possession of any body unlawfully it was for aiding in his medical education.

Soon after the indictment was handed down “the Surgeon General in Washington, being in great need of medical assistances in U.S. hospitals because of the Civil War, interviewed Page for a Medical Cadet [but he was found in eligible]. He did however receive an appointment as an assistant surgeon with the U.S. Volunteers and was assigned to Ft. Scott in Kansas, Department of the Borders; this was in January of 1864.

The bail I believe was $1,000, approximately $25,000 in 2020 money. It appears, and I’ve not been able to completely prove, that he may have "jumped" bail and gone west with the Army. I found no disposition of the case.

Page -- whom some dubbed "Digging Doctor Page" aka "The Body Snatcher" -- died circa 1920.

Ones Forrest Page spent considerable time and effort during his lifetime trying to restore his notorious brother's reputation.

• Here is a link to a letter written by then Genesee County Coroner Dr. John Root to the Batavia Times verifying that John Harding Page was a medical student of his.
• Here is a link to a letter by Dr. John Root vouching for the abilities and qualifications of John Harding Page to serve as a surgeon.
• Here is a link to a letter from Dr. John Root to the Surgeon General asking to appoint John Harding Page to the Medical Corps. This was at or about the time Page's trial was going on. Page was subsequently rejected.
• Here is a link to a friendly, supportive letter to John Harding Page written Aug. 11, 1862 by Dr. John Root, explaining the situation back here in Batavia. At this point Page was, or appears to be, in Kansas.
• Here is a link to a four-page letter written to John Harding Page from his brother, Forrest Page; it shows the brother petitioned the Lieutenant Govenor for John Harding Page to be a Medical Cadet.

(Historical photos courtesy of Rochelle Wyatt, who is married to Dr. Page's grandson​.)

Press release:

There will be a Sixth Ward meeting held at 6:30 p.m. on Tuesday, Feb. 4^th in the Council Board Room on the second floor of City Hall.

Council Member Rose Mary Christian would like to discuss progress of the Crime Task Force and opportunities to organize a neighborhood group to design and improve residents' safety.   

Martin D. Moore, Ph.D., City Manager

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

Police are in pursuit of a vehicle on Clinton Street Road, Batavia, heading into the City.

The vehicle left the roadway in the area of Terry Hills. Several mailboxes were knocked down, according to the dispatcher.

An officer reported that it stopped near East Main but then it apparently took off again.

UPDATE 6:46 p.m.: An officer reports the driver is passed out behind the wheel at Clinton Street Road and Terry Hills Drive. Mercy EMS is dispatched for a possible overdose.

Daniel Jon Lewis got his get-out-of-jail-free card on Dec. 6 after pleading guilty to criminal possession of stolen property.

Judge Charles Zambito reasoned that Lewis would be eligible for release Jan. 1 under terms of New York's bail reform law and that Lewis apparently could live with his father in North Chili while awaiting sentencing on his felony conviction, that Lewis should be released from custody that day.

Today, Lewis was arrested on a charge of robbery in the first degree and menacing for allegedly using a knife to steal property from a person on Bank Street, Batavia, on New Year's Day.

Lewis was arrested Jan. 23 and charged with grand larceny for allegedly stealing a vehicle Jan. 3 in the Town of Batavia.  

Following that arrest, he was released on appearance ticket in accordance with New York's new law.

Chief of Police Shawn Heubusch confirmed this evening that Lewis is also a person of interest in the theft of a Spectrum work truck. The suspect in that case fled after being spotted in the truck.

When Lewis was arrested Jan. 23, his listed address was on Genesee Street in Lima. In the arrest announced today, he is listed as having "no permanent address."

He is currently being held in the Genesee County Jail on the robbery charge. Robbery is a qualifying offense, under the new state rules, for bail.

The Jan. 1 robbery was investigated by Officer Stephen Cronmiller and Det. Jason Ivison.

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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today criticized Gov. Cuomo’s new proposal to close several more unspecified prisons as part of the 2020-21 Executive Budget. Hawley, backing concerns of the New York State Correctional Officers and Police Benevolent Association (NYSCOBA), chastised the governor for continuing to erode public safety by proposing to close more prisons. 

“Whether it’s staying mum while bail-less crime laws put violent offenders back on the streets, supporting a pay raise for incarcerated felons, giving tablets to prisoners, voting rights for parolees, granting driver’s licenses to illegals or closing more prisons, this governor is on the wrong side of virtually every public safety issue imaginable and single-handily putting the public at risk,” Hawley said. 

“We are going to see more riots and more inmate attacks on corrections officers, as double bunking and overfilled prisons cause more violence. I stand firmly against these prison closures and will advocate against any more prison closures as budget talks move forward,” Hawley continued.

The governor cited a rapid decline in the state prison population and a changing economic development strategy focused less on prisons as the driving economic factor in his proposal. Gov. Cuomo closed Livingston Correctional Facility and Lincoln Correctional Facility last year. 

“The members of NYSCOBA are some of the bravest and most resilient law enforcement officers our state has, and increasing inmate populations at maximum security establishments puts them in more danger,” Hawley finished. “Our NYSCOBA officers are crucial to keeping our prisons safe and orderly but also protecting the surrounding community, and I will always stand with them against perilous and misguided proposals like these.”

Press release from Senator Mike Ranzenhofer:

As we continue to debate the new cashless bail law, I have received several questions regarding what specific changes took place and what crimes are no longer eligible for bail. (See list below.)

According to some estimates, approximately 90 percent of all crimes are no longer eligible for bail. Supporters note that it is necessary to address inequities in our criminal justice system and that the vast majority of offenders are not being accused of violent crimes.

As I have stated several times, there were serious concerns with certain aspects of our criminal justice system. I strongly believe that those accused of crimes should receive a speedy trial, as is mandated by the Constitution. The accused should not be forced to sit in jail for months awaiting trials and hearings over minor offenses because they cannot afford to pay a relatively small amount of bail. However, the answer should be investing in local court systems, not simply letting dangerous offenders run free.

Perhaps the new law’s biggest flaw is removing judicial discretion to consider “dangerousness” when determining bail. Judges must also opt for the least restrictive pretrial condition. Prohibiting bail and mandating that an offender be released back to the streets, when a judge or law enforcement believes they are a danger to the public is simply outrageous.

In addition, far too many crimes no longer qualify for bail. For your convenience, I have included a list of crimes, compiled by the State District Attorneys Association of crimes that no longer qualify for bail under the 2019 Criminal Justice Laws. I have also included several recent news stories from across the state discussing the impact that these laws are having on communities.

Throughout my time in government, I have never seen an issue with such universal, bipartisan calls for reform, across every region of the state. This speaks volumes to me about the real need for change.

Sincerely, 

Mike Ranzenhofer

State Senator -- 61st District

Offenses that no longer qualify for bail in New York State

Source: the District Attorneys Association of the State of New York

• Assault in the third degree
• Aggravated vehicular assault
• Aggravated assault upon a person less than eleven years old
• Criminally negligent homicide
• Aggravated vehicular homicide
• Manslaughter in the second degree
• Unlawful imprisonment in the first degree
• Coercion in the first degree
• Arson in the third and fourth degree
• Grand larceny in the first degree
• Criminal possession of a weapon on school grounds or criminal possession of a firearm
• Criminal possession of a controlled substance in the first and second degree
• Criminal sale of a controlled substance in the first and second degree
• Criminal sale of a controlled substance in or near school grounds
• Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
• Criminal solicitation in the first degree and criminal facilitation in the first degree
• Money laundering in support of terrorism in the third and fourth degree
• Making a terroristic threat
• Patronizing a person for prostitution in a school zone
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Failure to register as a sex offender
• Obstructing governmental administration in the first and second degree
• Obstructing governmental administration by means of a self-defense spray device
• Bribery in the first degree
• Bribe giving for public office
• Bribe receiving in the first degree
• Promoting prison contraband in the first and second degree
• Resisting arrest
• Hindering prosecution
• Tampering with a juror and tampering with physical evidence
• Aggravated harassment in the first degree
• Directing a laser at an aircraft in the first degree
• Criminal possession of a weapon in the fourth degree
• Criminal sale of a firearm to a minor
• Enterprise corruption and money laundering in the first degree
• Aggravated cruelty to animals, overdriving, torturing and injuring animals
• Failure to provide proper sustenance
• Animal fighting

Bail Changes in the News

https://nystateofpolitics.com/state-of-politics/new-york/ny-state-of-politics/2020/01/24/q-and-a--5-questions-surrounding-new-york-s-cash-bail-law

 https://www.wkbw.com/news/local-news/unintended-repercussions-of-bail-reform-in-the-city-of-tonawanda

 https://www.washingtonexaminer.com/news/ny-police-arrest-six-suspects-in-7m-drug-ring-judge-releases-them-without-bail

 https://wben.radio.com/articles/cash-bail-eliminated-for-people-accused-of-some-crimes

https://buffalonews.com/2019/12/16/state-bail-reform-law-draws-fire-from-local-towns/

 https://www.wamc.org/post/manslaughter-suspect-released-under-nys-criminal-justice-reform

 https://nypost.com/2020/01/13/every-day-brings-a-new-poster-boy-for-nys-disastrous-new-bail-law/

Two Monroe County residents who fled from police after an attempted traffic stop Thursday night, who are now facing multiple felonies, including a weapons charge, were released on an appearance ticket per New York's bail reform law shortly after they were apprehended.

Denzell A. Johnson, 27, of Orange Street, Rochester, and Shafatiah H. Miller, 26, of Lake Avenue, Rochester, were reportedly in a vehicle on Ellicott Street when Deputy Ryan DeLong and Investigator Pete Welker, working as part of a coordinated enforcement detail, tried to initiate a traffic stop for an alleged traffic violation at 8:16 p.m.

The vehicle reportedly turned south onto Otis Street in an attempt to evade police and drove through a yard in the area of 255 S. Swan St. where the occupants jumped from the moving vehicle and ran. The suspects ran in different directions and officers engaged in a foot chase, with one of the suspects running across Jackson School property. Both suspects were located and taken into custody. The vehicle came to rest without incident.

Johnson allegedly had a handgun and a quantity of a controlled substance on him at the time of his capture.

He is charged with:

• Criminal possession of a weapon on school grounds, a Class E felony;
• Criminal possession of a firearm, a Class E felony;
• Obstruction of governmental administration 2nd;
• Unlawful fleeing a police officer;
• Two counts of criminal possession of a controlled substance, 7th;
• Displaying a forged certification of inspection;
• Inadequate lights;
• Unlicensed operation;
• Two counts of failure to stop at a stop sign; and,
• Insufficient turn signal.

Miller is charged with:

• Criminal possession of a controlled substance 3rd, a Class B felony;
• Two counts of promoting prison contraband, 1st, a Class D felony;
• Promoting prison contraband, 2nd; and
• Unlawful possession of marijuana, 2nd.

Both suspects are expected in City Court at 1 p.m., Feb. 18.

Additional charges are pending further investigation.

Participating in the coordinated enforcement effort on Thursday were the Local Drug Task Force, Sheriff's Office, Batavia PD, Le Roy PD, the Department of Environmental Conservation, NYS Probation, NYS Parole.

A man facing a pair of felony indictments will likely serve seven and a half years in prison under terms of a plea deal he agreed to in Genesee County Court today.

Darius Jones, 27, of Rochester, entered a guilty plea to the lesser included offense of criminal sale of a controlled substance, 5th. (He was originally charged with the same crime in the third degree.) He faces two-and-a-half years in prison for that conviction. He admitted in court that he possessd a controlled substance in the City of Batavia on Feb. 22 with the intent to sell it.

Jones also faced a weapons charge stemming from a traffic stop where a pistol was found under the seat of the car he was sitting in.

To a charge of attempted criminal possession of a weapon, 2nd, Jones entered a guilty plea on an Alford basis, which means Jones told Judge Charles Zambito that he couldn't admit to the facts of the crime as charged but he realizes that based on the evidence presented by the prosecution, he would likely be convicted at trial. The Alford plea affords Jones the opportunity to accept a plea deal without admitting to the crime in order to receive the benefits of a plea offer.

On the weapons charge, Jones will likely be sentenced to five years in prison.

The two terms will run consecutively.

Jones also admitted to being a second felony offender and a second violent felony offender. He was convicted of grand larceny in Monroe County in 2014 and of criminal possession of a weapon in Monroe County in 2010.

Pending sentencing, Jones was released from jail on his own recognizance, with no objection from District Attorney Lawrence Friedman. Sentencing is set for 9:30 a.m., April 6.

Kelly A. Rodriguez, 47, of Pearl Street, Batavia, is charged with aggravated harassment in the second degree. She is accused of spitting in the eyes of a nurse at UMMC in Batavia who was caring for her. She was given an appearance ticket and is due in Batavia City Court at 1 p.m. on Feb. 11. The case was investigated by Batavia Police Officer Peter Post.

Wendy L. Henry, 35, no permanent address, is charged with second-degree criminal contempt. Henry was arrested for allegedly violating a stay away order of protection at 5:37 a.m. on Jan. 26 on Central Avenue in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

Jacoby Luc Green, 20, of Lake Street, Perry, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. At 4:56 a.m. on Jan. 29, Genesee County Sheriff's deputies responded to the intersection of Route 20 and Perry Road in Pavilion for a report of a one-car collision. After an investigation, Green was arrested and arraigned in Town of Pavilion Court. The defendant is due back there on Feb. 4. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Matthew Ronald Hinze, 29, of Genesee Street, Attica, is charged with: driving while intoxicated; aggravated DWI; and possession of an open container of alcohol in a motor vehicle. At 9:15 p.m. on Jan. 28, Genesee County Sheriff's deputies stopped a vehicle on the south shoulder of Sumner Road in Darien. Following an investigation, Hinze was arrested. He was issued appearance tickets and is due in Town of Darien Court on Feb. 18. The was was handled by Deputy Erik Andre.

A family in Pavilion would like to get their 2003 Chevy Silverado back.

It was stolen at 5:20 this morning.

It's dark gray/black with a light bar, and a plow mount (the plow was not attached at the time it was stolen). The passenger side door handle is broken. There are glow lights under the truck and the front license plate is on the driver's side grill. There is a plastic toolbox across the bed of the truck.

Whoever stole the truck apparently headed north on Roanoke Road because there was sheet steel in the bed of the truck that fell out.

State Police took the stolen vehicle report. The State Police can be reached at (585) 344-6200. A friend of the owner, Jessica Wolcott, can be reached at (585) 815-3625.

Jennifer L. Stack, 33, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 25. At 10:35 a.m. on Jan. 11 an incident occurred at GCASA, 430 E. Main St., Batavia, and Stack is accused of striking a person multiple times while on the property. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Ashley E. Quintern, 30, of South Pearl Street, Oakfield, is charged with endangering the welfare of a child. She was arrested after an incident at 8:20 a.m. Jan. 24 where children were allegedly left without supervision for about an hour and a half at a location in the 100 block of Ross Street in the city. Quintern was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Felicia DeGroot.

Phillip D. Byford Jr., 29, of South Platt Street, Albion, is charged with two counts of petit larceny on the same day at the same store. He was first arrested at 8:01 a.m. on Jan. 24 after being accused of stealing beer and food from the Speedway convenience store at 204 W. Main St. in Batavia. The arrest was made by Batavia Police Officer Miah Stevens, assisted by Officer Jordan McGinnis. Later, at 10:35 p.m., a witness allegedly saw him stealing beer at the Speedway and reported it. He was arrested again at 11:05 p.m. The evening arrest was made by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger. In each incident he was released with an appearance ticket to be in Batavia City Court on Feb. 4.

Robert C. Strollo, 59, of East Main Street, Batavia, is charged with petit larceny. He was arrested at 9:55 a.m. on Jan. 26 following the investigation of a larceny that occurred at the Family Dollar Store at 577 E. Main St. in Batavia. He is accused of stuffing merchandise in his pockets while there at 11:37 a.m. on Jan. 22. He allegedly walked out of the store without paying for the items. Strollo was issued an appearance ticket for Batavia City Court and is due there on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with petit larceny. Gibson was arrested after a larceny was reported at the Kwik Fill at 99 Jackson St. in Batavia. This allegedly occurred at 7:40 p.m. on Dec. 20. Gibson is accused of taking property from the convenience store without paying for it. She was issued an appearance ticket and is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Peter Flanagan.

Robert William Devos, 31, of South Pearl Street, Batavia, is charged with falsely reporting an incident in the second degree. On Jan. 26, Devos turned himself in at the Genesee County Sheriff's Office on the pending charge. It stems from an incident that occurred at the Citgo Gas Station on Park Road in the Town of Batavia at 6:10 p.m. on Jan. 17. Devos allegedly reported to patrons and store staff that there was "an impending occurrence of an explosion in the store." Devos was processed at the Genesee County Jail and released with a ticket to appear in Town of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jared Swimline.

Nanette Louise Kappus, 63, of Angling Road, Corfu, is charged with: aggravated driving while intoxicated -- a BAC of .18 or higher; DWI; and driving left of pavement markings. Following a traffic complaint, Kappus was arrested at 6:59 p.m. Jan. 26 on Angling Road in Corfu. She was issued traffic tickets and is due in Town of Pembroke Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by David Moore.

Aaron W. Smith, 32, who resides in Oakfield, was arrested by Wyoming County Sheriff's Deputy Austin Harding on Route 39 in the Town of Castile on Jan. 25. He is charged with aggravated unlicensed operation of a motor vehicle in the third degree. While on patrol, Harding allegedly witnessed a passenger in Smith's vehicle, which was in front of the deputy's car, throw an item out of the moving vehicle. A traffic stop was initiated near Swyers Road. Smith was found to have two active suspensions on his driver's license out of Town of Alabama Court, where he is due at a later date. Smith's passenger was issued a citation for littering on a highway.

Octavio M. Tardy, 54, of Woodside Drive, Bergen, is charged with petit larceny. On Jan. 21 at 4:30 p.m. Tardy was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. Tardy was issued an appearance ticket and is due in Batavia City Court on Tuesday (Jan. 28). The case was handled by Batavia Police Officer Christopher Lindsay.

Tonya M. Weber-Jackson, 35, of Liberty Street, Batavia, is charged with petit larceny. On Jan. 20 at 7:35 p.m. Weber-Jackson was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Press release:

The Batavia Police Department is investigating a robbery that occurred in the parking lot of Pizza Hut on Jan. 24 at approximately 7:38 p.m. The victims had gone to the lot to meet with a potential buyer of items the victims were selling online when the robbery occurred. It is believed the potential buyer is the suspect in this case.

The suspect was armed with a blunt object at the time. The victims were not injured during the incident. Further information can not be released at this time due to the ongoing investigation.

The Batavia Police would like to remind citizens the Batavia Police Headquarters rear vestibule, located at 10 W. Main St., is a certified SafeTrade Station. This means members of the public wishing to buy or sell online items, can conduct the sale with the other party in a safer spot than a parking lot or house.

The vestibule area is monitored by surveillance cameras/police personnel and a direct phone connection to the Genesee County Dispatch Center is available. More information about the SafeTrade Program can be found here.

Anyone with information in reference to the case may contact: Detective Sergeant Matt Lutey at 585-345-6311, or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370, or online here.

A white male who stole a Spectrum Cable pickup truck from a location in the Town of Batavia on Saturday night and then evaded capture during a pursuit on Oak Street is still at large, according to the Batavia Police Department.

The police are asking the public's assistance in identifying the suspect.

The incident began about 11:30 p.m. when the Sheriff's Office received a report of a stolen work truck.

An officer in the City of Batavia observed a white Ford F-150 with the Spectrum logo on its doors traveling on Washington Avenue.

The officer followed the vehicle onto West Main Street while confirming with dispatchers that the vehicle in question was the stolen vehicle.

The officer attempted to conduct a traffic stop on the stolen vehicle at the intersection of Olyn Avenue and Holland Avenue. The suspect fled northbound on Holland, continuing northbound on to Oak Street before making an abrupt right turn at Charles Street.

The subject then drove through all the backyards of the houses located on the north side of Charles Street, damaging fences, vehicles and the yards.

The work truck then emerged through the driveway of 70/72 Oak St. damaging vehicles and a house. The vehicle traveled westbound across Oak striking and significantly damaging three vehicles in the driveway of 69 Oak St.

At that point, the operator then fled the area on foot.

Deputy Chris Erion and K-9 "Frankie" responded for a search of the area while state Troopers helped establish a perimeter.

Despite an extensive search, the suspect was not located.

The suspect was described by witnesses to be a white male, with long hair, wearing a black hooded sweatshirt and a black backpack.

There were no reported injuries as a result of the incident. 

The Batavia PD press release suggests investigators have a possible name for the suspect but are looking for additional information to confirm the identity. Anybody with information that may assist the investigation is asked to contact Det. Jason Ivison. Ivison can be reached at (585) 345-6370.

Daniel Jon Lewis, 23, of Genesee Street, Lima, is charged with fourth-degree grand larceny. Lewis was arrested Jan. 23. He is accused of stealing a vehicle from the 5000 block of Clinton Street Road in Batavia at 8:39 a.m. on Jan. 3. He was issued an appearance ticket for Feb. 6 in Town of Batavia Court, at which time he will be arraigned. The case was investigated by Genesee County Sheriff's Investigator Chad Minuto.

Jennifer Ann Clarke, 22, of Beckwith Drive, Pembroke, is charged with stalking in the fourth degree and second-degree aggravated harassment. She was arrested Jan. 23. She is accused of sending several text messages and making several phone calls to an individual after being told to stop contacting that person. Clarke was arraigned in Pembroke Town Court on Jan. 23 and then was released under supervision of Genesee Justice. Clarke is due in Pembroke Town Court again on Feb. 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

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A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

A sometimes Corfu resident facing three felonies for alleged strangulation, who has friends and relatives in at least three other states, has a better chance of making bail following a bail review hearing today in Genesee County Court.

Fifty-year-old Jerrol Paul Newell was described in court today by Assistant District Attorney Shirley Gorman as a man who has moved from state-to-state -- Florida, Ohio, North Carolina, even Hawaii -- with a spotty employment history and a lifelong problem with alcohol.  

She said Newell has had multiple DWI arrests, including a felony arrest in 2004, plus a DWI arrest in April where he had a BAC of .20 in the middle of the afternoon and allegedly left the scene of an accident. He also had a forgery conviction in 1996. He owes, she said, $39,000 in back child support payments, and is facing more than $9,000 in restitution from his recent accident.

Newell also lied, she said, to Genesee Justice about owning a home in Corfu.

His previous bail was $50,000 cash, $50,000 bond or $300,000 partially secured bond, which was set by Justice Donald O'Connor in December, before new bail rules took effect, in the Village of Corfu Court.

Newell's attorney, Thomas Burns, asked for either release on Newell's own recognizance or $5,000 bail, citing his client's ties to the community and Newell's own and his family's limited resources. 

Gorman said considering Newell's history, she didn't find the bail set in village court to be excessive. 

"He has an alcohol problem that leads the defendant to exercise extremely poor judgment that could lead him to leave the jurisdiction, especially when he has connections outside the jurisdiction," Gorman said.

Gorman noted that Newell is facing three Class D felony charges of strangulation and his sentence on each charge could be consecutive. She suggested the physical evidence against Newell, including photographs, is compelling.

Judge Charles Zambito, citing New York's bail reform rules, said he was obligated to set the least restrictive bail so he reduced Newell's bail to $7,500 cash, or $7,500 bond, or $75,000 partially secured bond.